Whipple v. Barron et al
| Daniel E. Barron, Olga B.K. Barron, Jennifer C. Counselman, Brian K. Counselman, Fifth Third Mortgage Company, W. Ryland Gardner, III, Guaranteed Rate, Inc., JKHP, LLC, Jason Provalenko, NBH Bank, Matthew J. Otto, Taylor Hill Equitable Road Users Group, Ten Five LLC, United States Forest Service, Wells Fargo Bank, National Association and JPMorgan Chase Bank, N.A. |
| Thomas Whipple |
| 1:2023cv00882 |
| April 10, 2023 |
| U.S. District Court for the District of Colorado |
| N Reid Neureiter |
| Susan Prose |
| Charlotte N Sweeney |
| Real Property: Other |
| None |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 CERTIFICATE of Service by email, by Clerk of Court re #49 Order to Remand to Eagle County District Court via email to [email protected] (sphil, ) |
| Filing 50 FINAL JUDGMENT: #25 Forest Service's Motion to Dismiss is GRANTED. Case is REMANDED to the Colorado state court from which it was removed. by Clerk on 5/31/23. (jdyne) |
Filing 49
ORDER granting #25 Motion to Dismiss for Lack of Jurisdiction. Case is remanded to the Eagle County District Court, from which it was removed. by Judge Charlotte N. Sweeney on 5/31/23.(jdyne) Modified on 6/8/2023 to edit text. (sphil, ).
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Filing 48
ORDER GRANTING UNOPPOSED MOTION TO STAY DISCOVERY AND VACATE SCHEDULING CONFERENCE by Magistrate Judge N. Reid Neureiter on 22 May 2023. IT is ORDERED that the motion to stay discovery and vacate the Scheduling Conference andassociated deadlines is GRANTED; it is further ORDERED that the Scheduling Conference set for June 20, 2023, at 2:30 p.m. is VACATED until further order of the Court; it is further ORDERED that pretrial deadlines associated with the Scheduling Conference, as set forth in the Court's Order, ECF No. #22 , are VACATED until further order of the Court.(cmadr, )
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| Filing 47 MEMORANDUM regarding #46 Unopposed MOTION to Stay Discovery and Vacate Scheduling Conference and Associated Deadlines. Motion #46 is referred to Magistrate Judge N. Reid Neureiter, by Judge Charlotte N. Sweeney on 5/22/2023. Text Only Entry (cnssec. ) |
| Filing 46 Unopposed MOTION to Stay Discovery and Vacate Scheduling Conference and Associated Deadlines by Defendant United States Forest Service. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Motion)(Isler, Thomas) |
| Filing 45 REPLY to Response to #25 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant United States Forest Service. (Isler, Thomas) |
| Filing 44 REPLY to Response to #28 MOTION to Amend/Correct/Modify Oral Preliminary Injunction Order filed by Defendants JKHP, LLC, Jason Provalenko. (Attachments: #1 Exhibit Exhibit E: Agreement, #2 Exhibit Exhibit F: SUP)(Spector, Joel) |
| Filing 43 RESPONSE to #28 MOTION to Amend/Correct/Modify Oral Preliminary Injunction Order filed by Plaintiff Thomas Whipple. (Attachments: #1 Exhibit Ex 1 - 800079 - 2002-7-1- Reciprocal Easement Deed and Agr, #2 Exhibit Exh. 2 - 9-22-22 - Whipple Motion for PI, #3 Exhibit Exh. 3 - Transcript - PI Hearing, #4 Exhibit Exh. 4 - 202205663 - Recip. Easement - Gardner_Provalenko)(McKay, Kevin) |
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Filing 42
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. by Judge Charlotte N. Sweeney on 5/12/23. Text Only Entry (jdyne)
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| Filing 41 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-00882-CNS. (athom, ) |
| Filing 40 CASE REASSIGNED pursuant to #39 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-00882-REB. (Text Only Entry) (cmadr, ) |
| Filing 39 CONSENT to Jurisdiction of Magistrate Judge by Defendant United States Forest Service All parties do not consent.. (Isler, Thomas) |
| Filing 38 CASE REASSIGNED pursuant to #37 Order of Recusal. This case is directly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-00882-NRN. (Text Only Entry) (alave, ) |
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Filing 37
ORDER OF RECUSAL by US Magistrate Judge Susan Prose on 05/10/2023. IT IS ORDERED that: I recuse myself from further service in this matter; and The Clerk of the Court is requested to reassign this case to the magistrate judge to whom it was previously assigned. (alave, )
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| Filing 36 RESPONSE to #25 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Thomas Whipple. (Attachments: #1 Exhibit Exh. 1 - Easement Deed)(McKay, Kevin) |
| Filing 35 MOTION to Dismiss Whipple's Claims for Relief by Defendants JKHP, LLC, Jason Provalenko. (Spector, Joel) |
| Filing 34 RESPONSE to #25 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants JKHP, LLC, Jason Provalenko. (Attachments: #1 Exhibit Exhibit A: Map, #2 Exhibit Exhibit B: Complaint, #3 Exhibit Exhibit C: Motion for PI, #4 Exhibit Exhibit D: Order re Indispensable Parties, #5 Exhibit Exhibit E: First Amended Complaint, #6 Exhibit Exhibit F: Response to Motion to Dismiss)(Spector, Joel) |
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Filing 33
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the beginning of the civil action number (such as 23-cv-00882-SP). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (agarc, )
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Filing 32
Minute ORDER by Magistrate Judge N. Reid Neureiter on 1 May 2023. In light of the motions recently filed (see Dkt. #25 , #28 ), it is hereby ORDERED that the parties shall confer and file the Consent/Non-Consent Form (Dkt. #17 ) on or before May 11, 2023. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 31 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #29 Answer to Complaint, #30 Corporate Disclosure Statement filed by attorney Heather Lea Deere. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and a complete signature block to all future documents.(Text Only Entry) (cmadr, ) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Vanguard Group, Inc. for JPMorgan Chase Bank, N.A.. (Deere, Heather) |
| Filing 29 ANSWER to #7 Complaint, Attorney Heather Lea Deere added to party JPMorgan Chase Bank, N.A.(pty:dft) by JPMorgan Chase Bank, N.A..(Deere, Heather) |
| Filing 28 MOTION to Amend/Correct/Modify Oral Preliminary Injunction Order by Defendants JKHP, LLC, Jason Provalenko. (Attachments: #1 Exhibit Exhibit A: Map, #2 Exhibit Exhibit B: Complaint, #3 Exhibit Exhibit C: Amended Complaint, #4 Exhibit Exhibit D: Order dismissing 4th Claim for Relief)(Spector, Joel) |
| Filing 27 ANSWER to #9 Amended Complaint, by W. Ryland Gardner, III.(cmadr, ) |
| Filing 26 State Court ANSWER to #9 Amended Complaint Dated April 19, 2023 by Defendant W. Ryland Gardner, III. (cmadr, ) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction by Defendant United States Forest Service. (Isler, Thomas) |
| Filing 24 NOTICE of Entry of Appearance by Douglas Wayne Brown on behalf of NBH BankAttorney Douglas Wayne Brown added to party NBH Bank(pty:dft) (Brown, Douglas) |
| Filing 23 NOTICE of Entry of Appearance by Scott William Drusch on behalf of NBH BankAttorney Scott William Drusch added to party NBH Bank(pty:dft) (Drusch, Scott) |
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Filing 22
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on April 11, 2023. Consent Form due by 6/6/2023. Proposed Scheduling Order due6/13/2023 Scheduling Conference set for 6/20/2023 02:30 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. (csarr, )
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| Filing 21 NOTICE of Removal Notice Provided to State Court Judge by Defendant United States Forest Service (Attachments: #1 Exhibit State Court Notice of Removal)(Isler, Thomas) |
| Filing 20 CERTIFICATE of Mailing/Service re #1 Notice of Removal,,,,,,,, Amended Certificate of Service for Notice of Removal by Defendant United States Forest Service. (Isler, Thomas) |
| Filing 19 NOTICE of Entry of Appearance for Joel M. Spector by Joel M. Spector on behalf of JKHP, LLC(a Colorado limited liability company), Jason Provalenko(an individual)Attorney Joel M. Spector added to party JKHP, LLC(pty:cc), Attorney Joel M. Spector added to party JKHP, LLC(pty:dft), Attorney Joel M. Spector added to party JKHP, LLC(pty:cc), Attorney Joel M. Spector added to party Jason Provalenko(pty:cc), Attorney Joel M. Spector added to party Jason Provalenko(pty:cc), Attorney Joel M. Spector added to party Jason Provalenko(pty:dft) (Spector, Joel) |
| Filing 18 NOTICE of Entry of Appearance by Kevin Edward McKay on behalf of Thomas WhippleAttorney Kevin Edward McKay added to party Thomas Whipple(pty:pla) (McKay, Kevin) |
| Filing 17 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws) |
| Filing 16 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (blaws) |
| Filing 15 STATE COURT ORDER GRANTING Stipulation To Dismiss Plaintiffs Fourth Claim For Relief - Declaratory Judgment - C.R.C.P. 105 Complete Adjudication Of Rights - Forest Service Road 731 Road Users Agreement - Pursuant To C.R.C.P. 41(a), by Paul Risley Dunkelman, District Court Judge, Eagle County, on 03/17/2023. (blaws) Modified on 4/12/2023 to add state court judge information. (blaws) |
| Filing 14 AFFIDAVIT of Service of Summons, Complaint, and Civil Cover Sheet upon Ten Five LLC on 03/23/2023. (blaws) |
| Filing 13 AFFIDAVIT of Service of Summons, Complaint, and Civil Cover Sheet upon United States Forest Service on 03/21/2023. (blaws) |
| Filing 12 AFFIDAVITS of Service of Summons, Complaint, and Civil Cover Sheet upon NBH Bank, Fifth Third Mortgage Company, Guaranteed Rate, Inc., Wells Fargo Bank, National Association, United States Forest Service on 03/17/2023 (Attachments: #1 Affidavit of Service - Wells Fargo Bank, National Association, #2 Affidavit of Service - Guaranteed Rate, Inc., #3 Affidavit of Service - Fifth Third Mortgage Company, #4 Affidavit of Service - NBH Bank) (blaws) |
| Filing 11 AFFIDAVIT of Service of District Court Civil Summons, Complaint, and Civil Cover Sheet upon Jason Provalenko on 09/12/2022. (blaws) |
| Filing 10 STATE COURT ANSWER to #9 Amended Complaint, COUNTERCLAIM against Thomas Whipple by JKHP, LLC, Jason Provalenko. (blaws) |
| Filing 9 STATE COURT AMENDED COMPLAINT against Daniel E. Barron, Olga B.K. Barron, Brian K. Counselman, Jennifer C. Counselman, Fifth Third Mortgage Company, W. Ryland Gardner, III, Guaranteed Rate, Inc., JKHP, LLC, NBH Bank, Matthew J. Otto, Jason Provalenko, Taylor Hill Equitable Road Users Group, Ten Five LLC, United States Forest Service, Wells Fargo Bank, National Association, Thomas Whipple, filed by Thomas Whipple. (blaws) |
| Filing 8 STATE COURT ANSWER to #7 Complaint, COUNTERCLAIM against Thomas Whipple by JKHP, LLC, Jason Provalenko. (blaws) |
| Filing 7 STATE COURT COMPLAINT Under C.R.C.P. 105 against Daniel E. Barron, Olga B.K. Barron, Brian K. Counselman, Jennifer C. Counselman, Fifth Third Mortgage Company, W. Ryland Gardner, III, Guaranteed Rate, Inc., JKHP, LLC, NBH Bank, Matthew J. Otto, Jason Provalenko, Taylor Hill Equitable Road Users Group, Ten Five LLC, United States Forest Service, Wells Fargo Bank, National Association, filed by Thomas Whipple. (blaws) |
| Filing 6 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (blaws) |
| Filing 5 REPLY to Response to #3 Partial MOTION to Dismiss for Lack of Jurisdiction State Court Motion Filed By Plaintiff Thomas Whipple State Court Reply Filed By Plaintiff Thomas Whipple filed by Defendant United States Forest Service. (Isler, Thomas) |
| Filing 4 RESPONSE to #3 Partial MOTION to Dismiss for Lack of Jurisdiction State Court Motion Filed By Plaintiff Thomas Whipple State Court Response Filed By Defendants Provalenko and JKHP, LLC filed by Defendant United States Forest Service. (Isler, Thomas) |
| Filing 3 Partial MOTION to Dismiss for Lack of Jurisdiction State Court Motion Filed By Plaintiff Thomas Whipple by Defendant United States Forest Service. (Isler, Thomas) |
| Filing 2 NOTICE of State Court Docket by Defendant United States Forest Service (Attachments: #1 Exhibit State Court Docket (register of actions))(Isler, Thomas) |
| Filing 1 NOTICE OF REMOVAL by United States Forest Service from District Court, Eagle County, Colorado, Case Number 2022CV30162., filed by United States Forest Service. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Answer by Defendants Provalenko and JKHP, LLC, #3 Exhibit State Court Amended Complaint, #4 Exhibit State Court Answer to Amended Complaint by Defendants Provalenko and JKHP, LLC, #5 Exhibit State Court Affidavit of Service on Provalenko, #6 Exhibit State Court Waiver of Service by Taylor Hill Equitable Road Users Group, #7 Exhibit State Court Affidavit of Service on Forge Trust Co., #8 Exhibit State Court Order on Duty to Confer, #9 Exhibit State Court Order on Delay Reduction, #10 Exhibit State Court Order to Join Indispensable Parties, #11 Exhibit State Court Order Denying Motion for Entry of Default, #12 Exhibit State Court Order Granting Motion for Substitution of Parties, #13 Exhibit State Court Case Reassignment Order, #14 Exhibit State Court Order Denying Motion for Reconsideration, #15 Exhibit State Court Order Denying Motion to Dismiss, #16 Exhibit State Court Order on Stipulation to Dismiss Claim 4 and THERUG, #17 Exhibit State Court Affidavit of Service on U.S. Forest Service, certified mail, #18 Exhibit State Court Affidavit of Service on U.S. Forest Service, personal service, #19 Exhibit State Court Affidavit of Service on Wells Fargo Bank, National Association, #20 Exhibit State Court Affidavit of Service on Guaranteed Rate, Inc., #21 Exhibit State Court Affidavit of Service on Fifth Third Mortgage Company, #22 Exhibit State Court Affidavit of Service on NHB Bank, #23 Exhibit State Court Affidavit of Service on Ten Five LLC, #24 Exhibit State Court Waiver of Service by Matthew J. Otto, #25 Exhibit State Court Waiver of Service by W. Ryland Gardner III, #26 Exhibit State Court Waiver of Service by Ten Five LLC, #27 Exhibit State Court Waiver of Service by Olga B.K. Barron and Daniel E. Barron, #28 Exhibit State Court Waiver of Service by Brian K. Counselman and Jennifer C. Counselman, #29 Civil Cover Sheet, #30 Supplemental Civil Cover Sheet)(Isler, Thomas) |
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